Chapter 9.40
PUBLIC DANCES
Sections:
9.40.020 Permit required—Exception.
9.40.040 Permit—Application requirements.
9.40.050 Permit—Issuance conditions.
9.40.060 Permit—Grounds for denial.
9.40.070 Permit—Grounds for revocation.
9.40.080 Act of applicant or permittee.
9.40.090 Permit—Denial or revocation notification.
9.40.100 Attendance of police officer or guard.
9.40.110 Police regulations authorized.
9.40.130 Hours of operation and closing.
9.40.140 Improper conduct and intoxicated persons prohibited.
9.40.010 Definitions.
A. As used in this chapter, “public dance” means any dance to which members of the general public are admitted under any of the following circumstances:
1. Payment of any type of fee, dues, or charge for admission, whether collected in advance of the event at which dancing is conducted or whether collected during said event; or
2. Payment for entrance or attendance at an event at which dancing is conducted by purchase of tickets, dues, fees, or other admission devices; or
3. Dances conducted or given in connection with the sale of food or beverages in restaurants, bars, cafes, or hotel dining rooms or other places to which the general public is admitted; or
4. Dances conducted in connection with the provision of other amusement or entertainment for profit.
B. As used in this chapter, “public dance hall” means any hall, room, or place in which a public dance is held.
C. As used in this chapter, “Chief of Police” shall mean the Chief of the Police Department or his designated representative.
D. This chapter shall not apply to dances conducted by public or private schools, educational, social, religious, charitable or nonprofit organizations or persons. (Ord. 1317 § 1 (part), 2003)
9.40.020 Permit required—Exception.
No person shall conduct a public dance without first obtaining a permit from the Chief of Police. The Chief of Police may allow an exception for occasional dances held in bars and restaurants where the dance is secondary to the business of the bar or restaurant and fewer than one hundred people are expected to attend. (Ord. 1317 § 1 (part), 2003)
9.40.030 Permit—Duration.
Permits shall not be issued for a period longer than ninety days in advance of a public dance, and shall expire at the end of the scheduled date(s) of the public dance. (Ord. 1317 § 1 (part), 2003)
9.40.040 Permit—Application requirements.
Written applications for permits under this chapter shall be filed with the Chief of Police upon forms to be provided by the Police Department and shall set forth the following facts:
A. The name and residence of the applicant or applicants, and if the applicant be a firm, the names and residences of the partners thereof, and if the applicant be a corporation, the names and residences of the officers and directors thereof, and if the applicant be an association, the names and residences of the officers thereof.
B. The particular place for which the dance permit is desired.
C. The number of dates of the dances to be held under the permit.
D. A statement that the applicant is the sole party, or applicants are the sole parties, either directly or indirectly interested in the dance for which a permit is sought, and that no other person is, or will be, in any manner interested, directly or indirectly, during the continuance of the permit.
E. A statement of the ownership of the realty of which the premises for which the permit is sought are a part.
F. A statement of such additional information as the Chief of Police may require. (Ord. 1317 § 1 (part), 2003)
9.40.050 Permit—Issuance conditions.
No permit shall be issued unless the applicant therefor is properly licensed by the State Alcohol Beverage Control Board (ABC), and where the applicant’s business is in compliance with all City codes and regulations. (Ord. 1317 § 1 (part), 2003)
9.40.060 Permit—Grounds for denial.
A. Upon receipt of an application for a permit under this chapter, the Chief of Police shall investigate the facts connected with the application, inspect the premises for which the permit is sought, and shall deny the application if:
1. (a) The applicant has been convicted of a misdemeanor within four years of the date of the application, if the misdemeanor is substantially related to the qualifications, functions or duties of the business, profession or trade for which the permit is to be issued; or
(b) The applicant has been convicted of a felony, if the felony is substantially related to the qualifications, functions or duties of the business, profession or trade for which the permit is to be issued; or
2. The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit the applicant or another, or substantially injure another; or
3. The applicant has knowingly made a false statement, or concealed a material fact required to be revealed, in an application for the permit, or otherwise committed any fraud in the application or in any amendment or report required to be made under this chapter; or
4. The premises with respect to which the permit is to be issued does not comply with the provisions of this chapter; or
5. The conducting of a public dance in the premises for which a permit is sought will be injurious to the public health, safety, welfare or morals. The Chief of Police shall take into consideration the proximity of the premises for which a permit is sought to schools, residences and other structures, and whether the occupants and uses of neighboring premises may be disturbed or injuriously affected by the conduct of a dance upon said premises; or
6. The applicant has had a permit under the provisions of this chapter revoked within the four years immediately preceding the date of application; or
7. The premises for which such permit is sought, or the proposed conducting of a public dance, violates any building, zoning, health, safety, fire, or other provision of this Code, or any law of the State of California or of the United States; or
8. Within the year immediately preceding the date of application, the applicant has had a permit application for the same premises denied within the previous year from the date of application on grounds stated in any of the above subsections, except that a permit may be granted to an applicant whose previous application was denied pursuant to subsection (A)(6) of this section, if the conditions giving rise to the violations of law used as the basis for the prior denial have been corrected.
B. The Chief of Police shall approve the application and issue the permit unless the Chief of Police denies the application based upon one or more of the grounds listed in subsection A of this section. (Ord. 1317 § 1 (part), 2003)
9.40.070 Permit—Grounds for revocation.
A permit issued under this chapter may be revoked by the Chief of Police upon a determination that the permittee has done any act which pursuant to this chapter or other provisions of this Code would warrant denial of the permit. (Ord. 1317 § 1 (part), 2003)
9.40.080 Act of applicant or permittee.
The act or omission of any person, partner, associate, director, officer, agent or employee, who with an applicant or permittee under this chapter providing services in connection with the conducting of a public dance, shall for all purposes of this chapter be deemed the act or omission of the applicant or permittee subject to regulation under this chapter. (Ord. 1317 § 1 (part), 2003)
9.40.090 Permit—Denial or revocation notification.
In all cases where a permit has been denied or revoked, the Chief of Police shall notify the applicant or permittee in writing of the grounds for denial or revocation, and said applicant or permittee shall have the right to appeal said denial or revocation to the City Council. (Ord. 1317 § 1 (part), 2003)
9.40.100 Attendance of police officer or guard.
A. No person shall conduct any public dance unless there shall be in continuous attendance a police officer authorized by the Chief of Police or a state registered, uniformed employee of a private patrol operator; the applicant shall post a sufficient cash deposit and shall pay for the expense of the police officer; provided, however, that where a public dance is being held or is about to be held, the Chief of Police may waive the requirement for continuous attendance of a police officer or uniformed employee of a private patrol operator at any such dance if he finds that the public peace, safety, law and order will be observed and maintained at such dance without the continuous attendance thereof.
B. Any and all such waivers shall be subject to such conditions as the Chief of Police may deem necessary for the preservation of peace, safety, law and order at any dance; and any and all such waivers shall be revocable at any time by said Chief of Police if and when he should find that the attendance of a police officer or security guard is necessary for the preservation of peace, safety, law and order at any public dance. (Ord. 1317 § 1 (part), 2003)
9.40.110 Police regulations authorized.
A. The Chief of Police is authorized to make and promulgate reasonable rules regulating the conduct of public dances, the exclusion therefrom of known criminals, prostitutes, intoxicated or disorderly persons, the issuance of return admission checks, the lighting arrangements of places where such public dances are held, and the character of the premises on which such dances are held.
B. Such rules and amendments thereto shall be effective upon the same being placed on file in the office of the City Clerk, and approved by the City Council.
C. Issuance of any dance permit shall be conditioned on the observance of each of such regulations, and violation of any such rules shall be grounds for the suspension or revocation of any permit or license issued pursuant to this chapter. (Ord. 1317 § 1 (part), 2003)
9.40.120 Rules to be posted.
The permittee holding a dance permit shall keep a copy of such rules posted conspicuously in the place where the dance is held. (Ord. 1317 § 1 (part), 2003)
9.40.130 Hours of operation and closing.
No person conducting any public dance for which a permit is required pursuant to this chapter shall cause or permit the said dance to begin before five a.m. of any day, or to continue beyond two a.m. of any day. Violation of this provision shall be a misdemeanor and shall be grounds for suspension or revocation of any license or permit issued pursuant to this chapter. (Ord. 1317 § 1 (part), 2003)
9.40.140 Improper conduct and intoxicated persons prohibited.
Every person conducting a public dance, their agents and employees, immediately upon the request of a police officer, shall exclude from the public dance hall in which such dance is conducted any person under the influence of liquor, or who is guilty of loud, boisterous or other improper conduct. (Ord. 1317 § 1 (part), 2003)